ML20215F940
| ML20215F940 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/19/1986 |
| From: | Curran D HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20215F908 | List: |
| References | |
| OL, NUDOCS 8612240126 | |
| Download: ML20215F940 (5) | |
Text
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g., i December 19, 1986 DOC KE TEC' UiNRC UNITED STATES NUCLEAR REGULATORY COMMISSION 16 EC 22 P4 :25 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD CFF;rr 0" E
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B R/.w In the Matter of
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Public Service Company of
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New Hampshire, et al.
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Docket Nos. 50-443 OL
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50-444 OL (Seabrook Station, Units 1 & 2)
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OFFSITE EMERGENCY
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PLANNING
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NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S OBJECTION TO AND MOTION FOR RECONSIDERATICN OF LICENSING BOARD 'S MEMOPANDUM AND ORDER OF DECEMBER 4,1986 Cn December 4, 1986, the Licensing Board issued an order establishing a schedule for the litigation of the New Hampshire Padiological Emergency Response Plan.
The New England Coalition un Nuclear Pollution ("NECNP") objects to the order and seeks reconsideration in the following respects.
First, the L.i censing Board's schedule sets an unreasonably short period for replying to the NPC Staff's responses to NECNP's contentions on Revision 2 of the RERP.
The NRC Staf f's responses are not due in hand until December 22, 1986.
December 25 and 26 are federal holidays, which this office is also observing.
In order to have its response in all parties' hands by December 29, counsel must file its reply by December 24, when most of its employees will be leaving early for the aolidays.
The Board's schedule thus gives NECNP approximately two days to review the NRC Staff's response to its contentions, prepare a written filing, and serve it on the parties.
In consideration of the 8612240126 861219 PDR ADOCK 05000443 O
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., difficulty in complying with the Board's schedule due to the Christmas and New Year federal holidays, NECNP seeks an extension of the filing deadline until January 5,1986.
That deadline would provide the normal ten-day period for responding to filings, excluding the federal holidays.
Second, NECNP seeks reconsideration of the Board's failure to establish a prehearing conference for the consideration of oral argument on the admissibility of contentions on Revision 2.
Given the importance of the safety issues before the Licensing Board, it is vital that all parties be given the opportunity to advocate and explain their positions before the Board, and to answer any questions the Board may have.
Finally, NECNP seeks reconsideration of the overall litiga-tion schedule established by the Board's order.
The schedule is so compressed as to deprive NECNP of a meaningful opportunity to prepare and ef fectively litigate the numerous, complex and serious safety issues it has raised before the Licensing Board.
The order provides virtually no time for discovery.
Discovery is scheduled to open the same day as the Board rules on the admis-sibility of contentions.
Thus, the parties are given no advance notice of which contentions they should prepare discovery.
More-over, the Board's two-week discovery schedule allows for only one round of discovery.
It is ordinarily necessary to conduct an initial round of interrogatories in order to identify areas which must be probed through additional interrogatories or depositions.
For example, it would be impossible to conduct effective deposi-
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E.
" tions without first using interrogatories to identify the indi-viduals that should be deposed.
At a minimum, the Board's sched-ule should allow for two rounds of discovery, with some flexibility for time consumed by the taking of depositions.
The Board's schedule is also unreasonable in that it leaves virtually no time for the preparation of testimony.
The Board's schedule prevents the effective preparation of testimony in two respects.
First, it constantly presses other obligations upon NECNP that will take time from the effort of preparing testimony.
Second, NECNP will not know which issues will go to hearing until virtually the eve of the hearing.
The Board should issue a schedule that provides a reasonable time for preparing testimony following notice of which issues are to be tried in a hearing.
In summary, NECNP requests that the Board reconsider the schedule established in its Memorandum and Order of November 4, 1986, and establish a new schedule that fairly permits the parties to develop a full record on the many ' complex and serious safety issues that have been raised in this case.
Respectfully submitted, D ane Curran HARMON & WEISS 2001 "S" St reet N.W. Suite 430 Wa s hing ton, D.C.
20009 (202) 328-3500 December 19, 1986 i
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CERTIFICATE OF SEPVICE 300q n -
S M'l I certify that on December 19, 1986, copies of NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S REPLY TO APPLICANTS' AN4pER TQ NECNP'S CONTENTIONS ON PEVISION 2 OF THE NEW HAMPSHIRE SMTWEER P4 :25 LOCAL RADIOLOGICAL EMERGENCY RESPONSE PLANS and OBJECTION TO AND MOTION FOR RECONSIDERATION OF LICENSING BOARD'S MEMORANQVR AND CRDER OF DECEMBER 4,1986 were served on the following bfcfi'rsth :seg class mail:
M AN>
Helen F. Hoyt, Ch airman Rep. Ro be r t a C. Fevear Atomic Safety and Licensing Board Drinkwater Road U.S.
Nuclear Regulatory Commission Hamp to n, Fa lls, NH 03844 Washington, D.C.
20555 Phillip Ah rens, Es q.
Dr. Jerry Ha rbour Assistant At torney General Atomic Safety and Licensing Board State House, Station # 6 U.S. Nuclear Regulatory Commission Augusta, ME 04333 Washington, D.C.
20555 Thomas G.
Dignan, Es q.
Dr. Emmeth A.
Lu e bk e R.K.
Gad II, Es q.
Atomic Sa fety and Licensing Board Ropes & Gray
- 1. S. Nuclear Pegulatory Commission 225 Franklin Street Washington, D.C.
20555 Boston, MA 02110 Atomic Safety and Licensing Board Robert A.
Ba c k u s, Es q.
Danel Backus, Meyer & Solomon
'.S.
Nuclear Regulatory Commission 111 Lowell St reet
' ashington, D.C.
20555 Manchester, NH 03105
/,tomic Safety and Licensing Appeal Pobert G.
Perlis, Es q.
Board Panel Sherwin E. Tu r k, Es q.
U.S. Nuclect Regulatory Commission Of fice of the Executive Legal Washington, D.C.
20555 Director U.S.
Nuclear Regulatory Commission Cocketing and Se rvice Washington, D. C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Angie Machiros, Chairman Board of Selectmen Mrs. Anne E.
Goodman Newbury, MA 01950 Board of Selectmen 13-15 New Market Road H. Joseph Flynn, Es q.
Curham, NH 03842 Of fice of General Councel Federal Emergency Management Agency William S.
Lord, Selectman 500 C St reet S.W.
Town Hall -- Fr iend Street Washington, D. C.
20472 Amesbury, MA 01913 George Dana Bisbee, Es q.
Jane Doughty Stephen E. Me r r ill, Es q.
SAPL Of fice of the Attorney General 5 Market Street State House Annex Portsmouth, NH 03801 Concord, NH 03301
...E. Carol S. Sneider, Es quire Allen Lampert Assistant Attorney General Civil Defense Director Department of the Attorney General Town of Brentowood 1 Ashburton Place,19th Floor Exeter, NH 03833 Boston, MA 02108 Richard A.
Ha mp e, Es q.
Stanley W. Knowles Hampe and McNicholas Board of Selectmen 35 Pleasant Street P.O. Box 710 Concord, NH 03301 Nor th Hamp ton, NH 03826 Gary W.
Ho lme s, Es q.
J.P.
Nadeau, Se lec tma n Holmes & Ellis Town of Rye 47 Winnacunnent Road 155 Washington Road Hampton, NH 03842 Pye, New Hampshire 03870 William Armstrong Fichard E.
Sullivan, Ma yo r Civil Defense Director City Hall 10 Front Street 1;ewburyport, MA 01950 Exeter, NH 03833 Alfred V.
Sargent, Ch airman Calvin A.
Ca nney noard of Selectmen City Manager Town of Salisbury, MA 01950 City Hall 126 Daniel Street Senator Gordon J.
Humph rey Portsmouth, NH 03801 U.S.
Senate Uashington, D.C.
20510 Matthew T.
Br ock, Esq.
(Attn. Tom Burack)
Shaines & McEachern P.O.
Box 3 60 relectmen of Northampton Maplewood Ave.
Northampton, New Hampshire 03826 Portsmouth, NH 03801 Senator Gordon J.
Humphrey Edward A.
Th omas 1 Pillsbury Street Federal Emergency Management Concord, NH 03301 Agency 442 J.W.
McCo rmack (POCH)
Michael Santosuosso, Ch airman Boston, MA 02109 Board of Selectmen Jewell Street, RFD # 2 Sandra Gavutis South Hamp ton, NH 03842 Town of Kensington RFD 1 Box 1154 -
Judith H. Mizner, Es q.
East Kensington, NH 03827 Silverglate, Gertner, et al.
88 Broad Street Boston, MA 02110
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Diane Curran
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